TRADEMARK EXHAUSTION IN EUROPEAN UNION Cover Image

TRADEMARK EXHAUSTION IN EUROPEAN UNION
TRADEMARK EXHAUSTION IN EUROPEAN UNION

Author(s): Njegoslav Jović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, Law on Economics, EU-Legislation, Commercial Law, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: national exhaustion of the trademark; regional exhaustion of the trademark; international exhaustion of the trademark; EU law; the practice of the European Court of Justice;

Summary/Abstract: The author analyzes the exhaustion of the trademark in the European Union. The subject of the analysis will be the provisions of the primary sources of EU law, the provisions of secondary sources of EU law, as well as the practice of the European Court of Justice.EU Member States have a national trade mark protection system and at EU level there is a regulation establishing a supranational trademark protection system. Parallel existence of these systems and their application in practice must be harmonized in such a way as to enable the smooth movement of goods and services in the internal market. The institute is the exhaust of the trademark is a form of legal restriction on the subjective right of the trademark holder. Since the national exhaustion of the trademark clears the internal market to the extent that there is a Member State in the EU, a system of regional exhaustion of the trademark has been introduced.

  • Issue Year: 2019
  • Issue No: 41
  • Page Range: 157-174
  • Page Count: 18
  • Language: English